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  1. #1
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    Default Can My Passenger Make a Claim With My Insurance for an Accident That Wasn't My Fault

    My question involves an injury that occurred in the state of: Illinois. I was rear ended two days ago and the other driver is assuming full liability. I was restrained but my passenger was not. My passenger sustained neck injuries. My passenger wants to sue my insurance company. I was researching and planning to switch insurance companies before the accident. Is the passenger's claim invalid because he was not restrained? What happens if I switch insurance companies before my passenger files a claim? Can my passenger still sue the old insurance company since I was covered under them at the time of the accident? Should my passenger sue the insurance company of the person that caused the accident? Or will the passenger sue me?

  2. #2
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Your passenger would sue YOU. Then if you are covered your insurance will defend (or pay) the claim. Just because the passenger wasn't restrained doesn't make you negligent. The insurance company that applies was the one that was insuring you AT THE TIME OF THE ACCIDENT.

  3. #3
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Quote Quoting flyingron
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    Your passenger would sue YOU. Then if you are covered your insurance will defend (or pay) the claim. Just because the passenger wasn't restrained doesn't make you negligent. The insurance company that applies was the one that was insuring you AT THE TIME OF THE ACCIDENT.
    Why wouldn't the passenger be suing the insurance company of the person who rear ended the car. They were the ones who were negligent.

  4. #4
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Insurance companies aren't NEGLIGENT when cars crash.
    You sue the alleged negligent party which is the insured person. The insurance company steps in when that happens.

  5. #5
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Quote Quoting llworking
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    Why wouldn't the passenger be suing the insurance company of the person who rear ended the car. They were the ones who were negligent.
    I've never seen an insurance company be culpable in a motor vehicle accident and due to that, they are never held liable for the damages they caused because they didn't cause any damages. An insurance company is contracted to indemnify the insured, up to the amount contracted for under the terms of the contract. If the award would exceed the limitations of the policy, the at fault party would continue to owe the amount exceeding the insurance coverage.

    In a situation such as we have here, the occupant can seek compensation from both the negligent party as well as the owner/driver of the vehicle occupied. Often times the at fault party's limits are not adequate to cover all the injuries caused to all parties involved in the accident. The occupant vehicles owner/driver's insurance will often act as a secondary source of payment.



    and the lack of restraint could be a source of mitigating the liability assigned to the injured party but generally does not release the culpable party from all liability.

  6. #6
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Quote Quoting flyingron
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    Insurance companies aren't NEGLIGENT when cars crash.
    You sue the alleged negligent party which is the insured person. The insurance company steps in when that happens.
    I worded that poorly...the "they" I was referring to was the person who rear-ended the OP.

  7. #7
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Quote Quoting llworking
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    I worded that poorly...the "they" I was referring to was the person who rear-ended the OP.
    It wasn't the "they" that was the problem. It was the other part of your post:

    Why wouldn't the passenger be suing the insurance company of the person who rear ended the car.
    You do not sue the insurance company because they (the insurance company) did not cause the accident. You sue the negligent party.

  8. #8
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Quote Quoting jk
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    It wasn't the "they" that was the problem. It was the other part of your post:



    You do not sue the insurance company because they (the insurance company) did not cause the accident. You sue the negligent party.
    Sorry...that is what I meant. Why does the passenger want to get the driver's insurance company involved by suing the driver, when its the person who rear ended them who is at fault, and therefore their insurance company is the one that should be involved?

    I happen to think this is a valid question that is not getting addressed.

  9. #9
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Because the passenger is looking for any port in a storm. Who says they aren't also attempting to claim/sue the person who rear-ended them? The two concepts are not mutually exclusive. It's quite common, as a matter of fact, to sue everyone in sight, hoping that at least one claim will stick.

  10. #10
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    Default Re: Can My Passenger Sue My Ins Co for an Accident That Wasn't My Fault

    Quote Quoting llworking
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    I happen to think this is a valid question that is not getting addressed.
    I guess you missed this in my post:

    In a situation such as we have here, the occupant can seek compensation from both the negligent party as well as the owner/driver of the vehicle occupied. Often times the at fault party's limits are not adequate to cover all the injuries caused to all parties involved in the accident. The occupant vehicles owner/driver's insurance will often act as a secondary source of payment.

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